| 25-5706 |
John Allen Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-09-23 |
Denied |
IFP |
criminal-procedure false-testimony fifth-circuit-review habeas-corpus ineffective-assistance napue-claim |
1. Did the Fifth Circuit err in refusing to certify the Napue claim, when it failed to reach punishment-phase harm and when it conflated the question … |
| 25-5539 |
Louis Age, III v. United States |
Fifth Circuit |
2025-09-03 |
Denied |
Response WaivedRelisted (2)IFP |
confrontation-clause criminal-procedure due-process fifth-circuit-review rule-404b sufficiency-of-evidence |
I. Did the Fifth Circuit erroneously apply federal law in finding that the evidence at trial was sufficient to establish the crimes beyond a reasonabl… |
| 24-6061 |
Chadwick Smith v. United States |
Fifth Circuit |
2024-12-03 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure fifth-circuit-review firearms-conviction plain-error-review second-amendment |
Did the Fifth Circuit err in holding that petitioner's argument that his federal firearms-related conviction violated the Second Amendment, both on it… |
| 24-561 |
RSBCO v. United States |
Fifth Circuit |
2024-11-19 |
Denied |
Response Waived |
attorney-fees fifth-circuit-review invited-error jury-instructions procedural-violation tax-dispute |
1. "Invited Error" Violation. Did the Fifth Circuit err by reversing because of jury instructions that the Government itself drafted?
2. United Domin… |
| 24-5364 |
Jose Rojas-Meliton v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-08-22 |
Denied |
IFP |
attorney-abandonment fifth-circuit-review habeas-corpus jurisdictional-motion maples-v-thomas rule-60b-motion |
1. Within his Rule 4(a) motion to reopen the appeal, Petitioner argued for the
Court to construe his untimely pro se notice of appeal as a motion to … |
| 23-7000 |
Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection fifth-circuit-review ineffective-assistance-of-counsel jury-bias sex-crimes sixth-amendment |
QUESTION ONE:
Does a criminal defendant charged with sex-crimes have the same
Constitutional rights as a defendant charged with non-sex-crimes?
QUES… |
| 23-5637 |
Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-09-22 |
Denied |
IFP |
aedpa aedpa-standard certificate-of-appealability constitutional-challenge constitutional-rights fifth-circuit-review habeas-corpus rule-60(b) rule-60b successive-petition successive-petitions |
Question #1:
Did the fifth Circuit err by denying a COA for failure to properly consider the F.R.C.P.60(b)(6)under the framework in which successive p… |
| 21-7430 |
Roberto Padilla Espinoza v. United States |
Fifth Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process equal-protection fifth-circuit-review judicial-discretion prior-convictions sentencing-enhancement sentencing-guidelines |
Question not identified. |
| 21-6433 |
Jaimian Rashaad Sims v. United States |
Fifth Circuit |
2021-11-29 |
Denied |
Response WaivedIFP |
administration-of-justice beyond-reasonable-doubt criminal-procedure due-process federal-criminal-cases fifth-circuit-review jury-conviction sex-trafficking standard-of-review sufficiency-of-evidence |
I. On Appeal JAIMIAN RASHAAD SIMS challenged the following: (1) the sufficiency of the evidence for the jury conviction for conspiracy to sex traffic … |
| 21-5696 |
Fan Gu v. Invista S.A.R.L. |
Fifth Circuit |
2021-09-17 |
Denied |
Relisted (2)IFP |
civil-rights contempt discrimination due-process fifth-circuit-review forgery judicial-misconduct perjury pro-se-litigation res-judicata |
1. Whether the Fifth Circuit erred issued orders to claim that PlaintiffAppellant 's claims are barred by Res Judicata.
2. Whether the Fifth Circuit … |
| 21-5546 |
Fernando Rodriguez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-01 |
Denied |
IFP |
conflict-of-interest counsel-switching due-process effective-assistance-of-counsel fifth-circuit fifth-circuit-review ineffective-assistance prosecutorial-ethics state-court state-legislature |
Mr. Rodriguez alleged that his appointed counsel for the
offense in which he is currently incarceratedswitched sides
and worked for the prosecution fo… |
| 20-8342 |
John Willie Johnson, aka Dewayne Henderson v. United States |
Fifth Circuit |
2021-06-17 |
Denied |
IFP |
armed-career-criminal-act certificate-of-appealability federal-jurisdiction fifth-circuit-review post-borden post-conviction-relief post-johnson resentencing sentencing-enhancement violent-felony |
The overall issue is whether the Fifth Circuit erred by denying Mr. Johnson a Certificate of Appealability. The underlying issue is whether Mr. Johnso… |
| 20-1696 |
Jeriel Edwards v. Steven Harmon, et al. |
Tenth Circuit |
2021-06-08 |
Denied |
Response Waived |
bodycam-evidence bodycam-video civil-rights civil-rights
20-1695" civil-rights-litigation de-novo-standard excessive-force fifth-circuit-review frcp-60b4-motion inherent-court-powers jurisdictional-requirements qualified-immunity rule-54-attorney-fees section-1983 summary-judgment Whether the Fifth Circuit can refuse to review the |
Does Scott v. Harris alter, or merely implement, traditional summary-judgment requirements—especially when a nonmovant § 1983 plaintiff relies on mova… |
| 20-6817 |
Jerry Lee Quinn v. United States |
Fifth Circuit |
2021-01-11 |
Denied |
Response WaivedIFP |
circuit-split codefendant codefendant-testimony evidence-admission fifth-circuit-review hearsay hearsay-statement plain-error prior-consistent-statements prosecutorial-misconduct tome |
I. THIS COURT SHOULD GRANT CERTIORARI BECAUSE THE FIFTH CIRCUIT'S MISAPPLICATION OF THE PLAIN ERROR DOCTRINE TO BAR REVIEW OF QUINN'S CLAIM THAT THE P… |
| 20-6255 |
John Dubor v. United States |
Fifth Circuit |
2020-11-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit-review loss-calculation medicare-fraud restitution restitution-award sentencing-guidelines |
Did the Fifth Circuit's cursory review of the district court's record lead to an illegal, unreasonable sentence. Because the application of the senten… |
| 20-5250 |
Oscar Armando Avila-Jaimes v. United States |
Fifth Circuit |
2020-08-04 |
Denied |
Response WaivedIFP |
28-usc-2255 andrus-precedent evidentiary-hearing fifth-circuit fifth-circuit-review habeas-corpus ineffective-assistance-of-counsel ineffective-counsel strickland-standard strickland-v-washington |
1. Should a writ of certiorari be granted since the Fifth Circuit 's decision in not remanding to the lower court was contrary to precedent of this co… |
| 19-1443 |
S. O., Individually and on Behalf of Her Minor Son, B. O. v. Hinds County School District, et al. |
Fifth Circuit |
2020-07-01 |
Denied |
Response Waived |
circuit-split civil-procedure civil-rights constitutional-interpretation due-process fifth-circuit-review judicial-procedure plain-error plain-error-review standing supreme-court-precedent unpreserved-argument unpreserved-arguments |
1. Whether Fifth Circuit has again refused to follow the United States Supreme Court Per Curiam as found in Charles Earl Davis v. United States, cites… |
| 19-8056 |
Brian Alan Matalka v. United States |
Fifth Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure federal-criminal-procedure federal-statutes fifth-circuit-review indigency indigent-status plain-error plain-error-review special-assessment standard-of-review |
Did the Fifth Circuit's cursory review of the district court record reached the wrong conclusion that Matalka was not indigent under the standard pros… |
| 19-7698 |
Martin Calderon-Ortalejo v. United States |
Fifth Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure extensive-scope extensive-scope-planning fifth-circuit-review judicial-abuse-of-discretion offense-level-enhancement plea-agreement sentencing-discretion substantial-interference substantial-interference-with-justice total-offense-level |
Did the United States District Court for the Northern District of Texas, Lubbock Division, abuse its discretion by imposing two consecutive sentences … |
| 19-6906 |
Datanya Damon Alexander v. United States |
Fifth Circuit |
2019-12-11 |
Denied |
IFP |
constitutional-law criminal-procedure due-process fifth-circuit-review indictment jury-determination jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement |
Whether this Court should hold the instant petition in light of Shular v. United States, 15-1498, __U.S.__, 139 S.Ct. 2773 (June 28, 2019)?
Whether t… |
| 19-5985 |
Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-18 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase |
During Petitioner's sentencing hearing, Petitioner took the stand, maintaining his innocence, and expressed his desire to tell the jury his side of th… |
| 18-9202 |
Edilberto Maso Diaz v. United States |
Fifth Circuit |
2019-05-08 |
Denied |
Response WaivedIFP |
co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure |
1) Did the Fifth Circuit err by affirming the district court admission of
hearsay statements made by an unindicted co-conspirator over the objection o… |
| 18-7773 |
Jose Jorge Espinoza-Mendoza v. United States |
Fifth Circuit |
2019-02-05 |
Denied |
Response WaivedIFP |
alien-smuggling appellate-review criminal-appeal criminal-law criminal-procedure due-process fifth-circuit-review guidelines-interpretation immigration risk-assessment sentencing-enhancement standard-of-review stare-decisis statutory-interpretation |
Petitioner, Jose Jorge Espinoza-Mendoza, pleaded guilty to, and was convicted of, the federal offense of conspiring to harbor undocumented aliens. The… |
| 18-7326 |
Mark Anthony Soliz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-11 |
Denied |
IFP |
certiorari-standard due-process federal-habeas-review federal-jurisdiction fifth-circuit-review habeas-corpus judicial-interpretation plain-statement-rule procedural-default state-court-decision state-court-determination state-court-proceedings |
Whether this Court should grant certiorari to remand this case to the Fifth Circuit because the Fifth Circuit misapplied this Court's "plain statement… |
| 18-6471 |
Anthony Cardell Haynes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-10-29 |
Denied |
IFP |
civil-rights due-process extraordinary-circumstances fifth-circuit-review finality gonzalez-v-crosby habeas-corpus ineffective-assistance-of-counsel martinez merits-review rule-60(b) rule-60b strickland substantiality trevino-standard |
1. Did the Fifth Circuit majority err in finding that there were no "extraordinary circumstances" and that the claim was not sufficiently "substantial… |
| 18-6428 |
Roberto Gonzalez Delacruz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-10-25 |
Denied |
IFP |
brady-violation certificate-of-appealability due-process due-process,habeas,materiality,scientific-evidence fifth-amendment fifth-circuit-review habeas habeas-corpus habeas-corpus-review materiality materiality-of-evidence materiality-standard prosecutorial-misconduct standard-of-review supreme-court-precedent |
At Petitioner's murder trial, the State's only fact witness testified the victim
was shot once at one location and his body moved and dumped at anothe… |
| 18-6190 |
Simone Swenson v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
berger-v-united-states brady-v-maryland brady-violation deference-to-district-court due-process fifth-circuit-review indictment-dismissal judicial-deference judicial-discretion prosecutorial-misconduct structural-error supervisory-powers |
1. Did the Fifth Circuit enter a decision in conflict with Brecht v. Abrahamson, 507 U.S. 619, 638 n.9 (1993), by reviewing the district court's order… |